hdj2011-02-18-38
__________*__________
Friday, February 18, 2011
THIRTY-EIGHTH DAY
[Mr. Speaker, Mr. Thompson, in the Chair]
The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Richard
Thompson, Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Thursday, February 17, 2011, being the first order
of business, when the further reading thereof was dispensed with and the same approved.
Committee Reports
Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report,
which was received:
Your Committee on Rules has had under consideration:
H. C. R. 38, The "Colonel James E. Hiteshew Memorial Bridge",
And reports the same back with the recommendation that it be adopted.
At the respective requests of Delegate Boggs, and by unanimous consent, the resolution (H.
C. R. 38) was taken up for immediate consideration and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
At the request of Delegate Boggs, and by unanimous consent, the House of Delegates
proceeded to the Seventh Order of Business for the purpose of introduction of resolutions.
Resolutions Introduced
Delegates Martin, Paxton, Andes and Savilla offered the following resolution, which was
read by the Clerk as follows:
H. C. R. 86 - "Requesting the Division of Highways to name the bridge located on the new
Route 35, crossing Route 34 at Poplar Fork, Putnam County, specifically bridge number 40-35-2.40,
the 'PFC Roger Lee Byus Memorial Bridge'."
Whereas, Roger Lee Byus was born on March 23, 1949, the son of Mervin C. Byus, Jr. and
Alma Ruth Ball Byus in Winfield, Putnam County, West Virginia and raised and educated in Putnam
County. He attended Black Lick School, a one-room elementary school near his home, Hurricane
Middle School and Hurricane High School, where he played football. He enjoyed hunting, fishing
and riding motorcycles and any activity related to snow. He was employed by C. H. Heist
Corporation. He married Judy Elaine Dillon on September 19, 1966. Eight days later she was killed
in an automobile accident; and
Whereas, On March 20, 1969, Roger Lee Byus was inducted into the United States Army
along with his two best friends, William Gillespie and Keith Grant and were sent to Fort Knox,
Kentucky where he completed his basic and AIT training. He was then sent to Vietnam, arriving
there on October 13, 1969, where he became a member of the elite 11
th Armored Calvary, Blackhorse
Regiment, Second Squadron, E Troop as a gunner. On November 24, 1969, while on a volunteer
mission in Phuoc Long, South Vietnam, E Troop encountered enemy forces and called for mortar
support. The coordinates were incorrectly sent and E Troop suffered a direct hit injuring PFC Roger
Lee Byus who was dead upon arrival at a base hospital; and
Whereas, PFC Roger Lee Byus made the ultimate sacrifice for his country, during the
conflict in Vietnam, earning the Purple Heart, Bronze Star and other medals posthumously; and
Whereas, The nature of the sacrifice of this brave and courageous son of Putnam County requires us to honor his memory, by ensuring that future generations are aware of his bravery and
sacrifice in the cause of freedom; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Commissioner of the Division of Highways to name
bridge number 40-35-2.40, located on the new Route 35, crossing Route 34 at Poplar Fork, Putnam
County the "PFC Roger Lee Byus Memorial Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested
to cause to be fabricated signs to be erected at each entry of said bridge, containing bold and
prominent letters proclaiming the bridge to be the "PFC Roger Lee Byus Memorial Bridge"; and,
be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Secretary of Transportation, the Commissioner of the Division of Highways, and
the surviving family of PFC Roger Lee Byus.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
resolution (H. C. R. 86) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Delegate Guthrie offered the following resolution, which was read by the Clerk as follows:
H. C. R. 87 - "Requesting the Division of Highways to name the bridge on Brounland Road,
crossing Brier Creek in Kanawha County, bridge number 20-15-2.64, as the 'James Paul Harrison
WWII Memorial Bridge'."
Whereas, James Paul Harrison was born on October 22, 1922, in Olcott, Kanawha County,
West Virginia, died on October 26, 2007, was a life long resident of Kanawha County and, following
in his father's footsteps, a member of the United Mineworkers of America; and
Whereas, James Paul Harrison was married to Arlene Williams, a life long resident of Kanawha County, with whom he had ten children; and
Whereas, James Paul Harrison was a private in the United States Army, serving with
Company A, 237
th Engineer Combat Battalion and performing many heroic feats including, in June,
1944, landing on Normandy Beach, carrying 20 pounds of explosives strapped to his body, pressing
towards a huge wall the Germans had erected to block the Allied tanks, flattening the dynamite
against the wall, lighting the fuse and exploding the walls so the Allied tanks could get through; and
Whereas, James Paul Harrison continued with relentless bravery during the Normandy
invasion, assisting his Company all the way to Berlin, blowing up three bridges along the way; and
Whereas, James Paul Harrison was awarded the Purple Heart Medal, the Good Conduct
Medal, the Distinguished Unit Badge, the American Theater Service Ribbon, the European African
Middle Eastern Service Ribbon, the Bronze Arrowhead, the World War II Victory Ribbon and the
Label Button, all earned for his brave service in Normandy, Northern France, the Ardennes,
Rhineland and Central Europe, Belgium and Holland; and
Whereas, It is fitting to honor James Paul Harrison for his courageous and selfless service
to our nation and the world; and
Whereas, The naming of a bridge in honor of James Paul Harrison's bravery and exemplary
service is but a small gesture of gratitude and appreciation; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name bridge number 20-15-
2.64 on Brounland Road, crossing Brier Creek, in Kanawha County, as the "James Paul Harrison
WWII Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be
placed signs identifying the bridge as the "James Paul Harrison WWII Memorial Bridge"; and, be
it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Secretary of the Department of Transportation; to Mr. Harrison's surviving children, Pete Harrison, Richard Harrison, Brent Harrison, Mona Taylor, Arletta Anderson, Delora
McCormick, Dewana Flowers and Geneva DeBord; and to next of kin of Mr. Harrison's deceased
children, Cameron and Teresa Harrison, if next of kin are not already identified as surviving
children.
At the respective requests of Delegate Boggs, and by unanimous consent, reference of the
resolution (H. C. R. 87) to a committee was dispensed with, and it was taken up for immediate
consideration and adopted.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Delegates White, Boggs, Caputo and Fragale offered the following resolution, which was
read by its title and referred to the Committee on Rules:
H. C. R. 88 - "Urging members of the West Virginia delegation to the United States
Congress to oppose any action by Congress or the President to reduce funding for Community
Service Block Grants."
Whereas, Community Service Block Grants (CSBG) are a critical source of funding for
Community Action Agencies across the country; and
Whereas, Community Action Agencies provide housing, nutrition, health care, education
and weatherization programs to low-income families, equipping them with the tools they need to
become successful members of society; and
Whereas, West Virginia has sixteen Community Action Agencies that employ 2,180
individuals; and
Whereas, Our sixteen Community Action Agencies serve all of West Virginia's fifty-five
counties; and
Whereas, In 2009 close to 112,000 West Virginians, over 55,000 families, received services
through Community Action Agencies; and
Whereas, Community Action Agencies are an essential component of economic recovery, as their main objective is the elimination of poverty; and
Whereas, in 2009, West Virginia Community Action Agencies leveraged $18,194,807 in
Community Service Block Grants into more than $90 million in additional resources for antipoverty
efforts in West Virginia; and
Whereas, President Obama has proposed a fifty percent reduction of Community Service
Block Grants funding and made the remaining funds competitive instead of continuing the current
allocation formula; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges the members of the West Virginia Delegation to the United
States Congress to oppose any action by Congress or the President to reduce funding for Community
Service Block Grants; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the President and Secretary of the United States Senate, the Speaker and Clerk of the
United States House of Representatives, members of the West Virginia Congressional Delegation
and the President of the United States.
Delegates Stowers, R. Phillips, Rodighiero and Butcher offered the following resolution,
which was read by its title and referred to the Committee on Rules:
H. C. R. 89 - "Requesting the Division of Highways to rename the bridge, located on Route
10, which crosses the Ten Mile Creek approximately four miles north of Ranger, Lincoln County,
West Virginia, specifically bridge number 22-10-17.41, the 'Ten Mile Creek Veteran's Memorial
Bridge'."
Whereas, Veterans of the United States Armed Forces have served and protected our great
nation in times of war and peace; and
Whereas, By serving their country our Veterans know all too well the true meaning of the
quote, "Freedom is never free." Their sacrifice and bravery can never be repaid by those who enjoy
the freedoms our soldiers have fought to protect; and
Whereas, While it is a small gesture of our appreciation to those brave men and women that
serve, naming a bridge after them will hopefully bring a smile to their faces every time they cross
it; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Commissioner of the Division of Highways to name
the bridge, located on Route 10, which crosses the Ten Mile Creek approximately four miles north
of Ranger, Lincoln County, West Virginia, specifically bridge number 22-10-17.41, the "Ten Mile
Creek Veteran's Memorial Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested
to cause to be fabricated signs to be erected at each entry of said bridge, containing bold and
prominent letters proclaiming the bridge to be the "Ten Mile Creek Veteran's Memorial Bridge";
and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the Secretary of Transportation and the Commissioner of the Division of Highways.
Delegates T. Campbell and Canterbury offered the following resolution, which was read by
its title and referred to the Committee on Rules:
H. C. R. 90 - "Requesting the Division of Highways to name the bridge located in
Greenbrier County, West Virginia, that spans the Muddy Creek River on Route 3, Bridge No. 13-3-
0.41, the 'Campbell Memorial Bridge'."
Whereas, James William "Bill" Campbell was born on February 5, 1930 at the Campbell
home place on Teaberry Road in Ronceverte, West Virginia. He served in the Korean War as a
Corporal from October 18, 1951, to September 30, 1953, and remained in reserve duty after the
Korean War showing his dedication to his country; and
Whereas, James William "Bill" Campbell was a life long member of the VFW, served the
City of Hinton from 1963 to 1970, including a period from 1964-1966 in which he served as Chief
of Police. He served the Greenbrier Hotel from 1970 to 1993 as a Security Guard and from 1990 to 1994, Bill Campbell was Vice-Chairman of the Greenbrier County Democrat Committee; and
Whereas, Corporal James William "Bill" Campbell passed away on November 16, 2010,
and his service and commitment to his country and community should not go unnoticed and it is a
fitting remembrance and tribute to name a bridge in his honor; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the bridge located in Greenbrier
County, West Virginia, that spans the Muddy Creek River on Route 3, Bridge No. 13-3-0.41, the
"Campbell Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed,
signs identifying the bridge as the "Campbell Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this
resolution to the surviving Campbell family members and the Secretary of the Department of
Transportation.
Delegates Brown, Fleischauer, Poore, Barker, Guthrie, Caputo, Manypenny, Marshall,
Longstreth, Hall, Perdue, M. Poling, Fragale, Frazier, Doyle, Moore, Hatfield, Hunt, Wells, Cowles,
Morgan and Stowers offered the following resolution, which was read by its title and referred to the
Committee on Rules:
H. C. R. 91 - "Requesting the Legislature of the State of West Virginia to communicate with
the executive and legislative branch of the United States Government in order to encourage the
ratification of the United Nations Convention on the Elimination of All Forms of Discrimination
Against Women."
Whereas, On December 18, 1979, the Convention on the Elimination of All Forms of
Discrimination Against Women was adopted by the United Nations General Assembly and after the
twentieth nation ratified the convention on September 3, 1981, it became an international treaty; and
Whereas, The treaty brings the female half of humanity into the focus of human rights
concerns and establishes not only an international bill of rights for women but also an agenda for action by countries to guarantee those rights; and
Whereas, Ratifying governments are committed to creating conditions within which women
can exercise and enjoy basic rights and freedoms; and
Whereas, Ratifying governments are committed to affirmative action for women until parity
with men is reached; and
Whereas, Ratifying governments are committed to abolishing all forms of slavery and
prostitution of women; and
Whereas, Ratifying governments are committed to securing women's right to vote, to stand
for election and to hold public office; and
Whereas, Ratifying governments are committed to providing equal opportunity for women
to represent their countries internationally; and
Whereas, Ratifying governments are committed to allowing women the right to change or
retain their nationality and that of their children, regardless of marital status; and
Whereas, Ratifying governments are committed to ensuring girls' and womens' equal
access to quality education in all subjects and at all levels including continuing and vocational
programs for women; and
Whereas, Ratifying governments are committed to ensuring equal employment, vocational
and promotion opportunities, job security and equal pay for work of equal value; and
Whereas, Ratifying governments are committed to ensuring that women who are married,
pregnant or have children have the right to work and the right to maternity leave and other
appropriate benefits; and
Whereas, Ratifying governments are committed to ensuring that child care is available and
that pregnant women are protected from work that may be hazardous to their health or the health of
their future children; and
Whereas, Ratifying governments are committed to providing adequate health services to
women including family planning, where necessary, and prenatal care including nutrition for pregnant and lactating mothers; and
Whereas, Ratifying governments are committed to ensuring access to financial credit for
women; and
Whereas, Ratifying governments are committed to ensuring the right of women to
participate in recreational, cultural and athletic activities; and
Whereas, Ratifying governments are committed to giving special attention to all the
provisions of the treaty to women who reside in rural areas; and
Whereas, Ratifying governments are committed to ensuring women equal rights in choosing
a spouse, name, or occupation; to marry and divorce; to own, buy, sell, and administer property; to
share parenting roles regardless of marital status; and, to choose the number and spacing of their
children including adoption or guardianship; and
Whereas, Ratifying governments are committed to establishing a minimum age for marriage
and to ensuring that all marriages are entered into freely, by mutual consent; and
Whereas, In 1979, after the United Nations General Assembly adopted the treaty, President
James Carter sent it to the Senate Foreign Relations Committee for ratification where it was
subsequently approved by the committee with bipartisan support but never scheduled for a vote on
the Senate floor because such treaties require a two-thirds vote of support; and
Whereas, Over six million women are beaten by their husbands or boyfriends each year in
the United States and one million five-hundred thousand of these die from their injuries; and
Whereas, One hundred eighty-six countries have ratified the treaty; and
Whereas, The United States of America is considered by many nations to be the leader of
the democratic societies of the world and the leading proponent of human rights yet the United States
of America is the only industrialized nation in the world that has not ratified the treaty; and
Whereas, President Barack Obama and Secretary of State Hillary Clinton should be strongly
urged to place the treaty in the highest category of priority to accelerate its passage through the
Senate Foreign Relations Committee; and
Whereas, The Legislature should exhort the Senate Foreign Relations Committee once
again to pass the treaty favorably out of committee as soon as possible; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature of the State of West Virginia requests the United States Congress to
ratify, and President Obama to sign, the United Nations Convention on the Elimination of All Forms
of Discrimination Against Women; and, be it
Further Resolved, That the Legislature of the State of West Virginia respectfully requests the
Congress and the President to enact appropriate legislation that would address the concerns set forth
in this measure; and, be it
Further Resolved, That the Clerk of the House of Delegates transmit copies of this resolution
to the President and Vice President of the United States, the Speaker of the House of
Representatives, the Majority Leader of the Senate, the Senate Committee on Foreign Relations, the
House Committee on Foreign Affairs and to each Senator and Representative from West Virginia
in the Congress of the United States.
On motion for leave, a Joint Resolution was introduced, read by its title and referred as
follows:
By Delegate Kump:
H. J. R. 41 - "Proposing an amendment to the Constitution of the State of West Virginia,
amending sections eighteen and twenty-two, article VI thereof, relating to starting the legislative
session on the second Wednesday of March of each year; numbering and designating such proposed
amendment; and providing a summarized statement of the purpose of such proposed amendment";
to the Committee on Constitutional Revision then the Judiciary.
Committee Reports
Mr. Speaker, Mr. Thompson, from the Committee on Rules, submitted the following report,
which was received:
Your Committee on Rules has had under consideration:
H. C. R. 62, The "Rick Howard Sanders Memorial Bridge",
And,
H. C. R. 74, The "Larkin Ours Memorial Bridge",
And reports the same back with the recommendation that they each be adopted.
On motions for leave, resolutions were introduced (Originating in the Committee on
Education and reported with the recommendation that they each be adopted), which were read by
their titles, as follows:
By Delegates M. Poling, Paxton, Barill, D. Campbell, Craig, Crosier, Ennis, Lawrence,
Moye, Perry, Pethtel, Rodighiero, Shaver, Smith, Walker, Sumner, Armstead, Duke,
Ellington, Gearheart, Pasdon, Rowan, Savilla and Sigler:
H. C. R. 83 - "Requesting the Joint Committee on Government and Finance to conduct an
audit of the efficiency of the expenditure of public education dollars to minimize administrative
expense and maximize effort on the core mission of the public schools in preparing students fully,"
By Delegates Duke, M. Poling, Paxton, Barill, D. Campbell, Craig, Crosier, Ennis,
Lawrence, Moye, Perry, Pethtel, Rodighiero, Shaver, Smith, Walker, Sumner,
Armstead, Ellington, Gearheart, Pasdon, Rowan, Savilla and Sigler
:
H. C. R. 84 - "Requesting the Joint Committee on Government and Finance to conduct a
study on the impact of policies, procedures, rulings, interpretations and other directives affecting the
measures available to schools to address poor attendance,"
And,
By Delegates M. Poling, Paxton, Barill, D. Campbell, Craig, Crosier, Ennis, Lawrence,
Moye, Perry, Pethtel, Rodighiero, Shaver, Smith, Walker, Sumner, Armstead, Duke,
Ellington, Gearheart, Pasdon, Rowan, Savilla and Sigler:
H. C. R. 85 - "Requesting the Joint Committee on Government and Finance to conduct a
study on effective methods of attracting to and retaining in West Virginia additional practicing health
care professionals."
The Speaker referred the resolutions (H. C. R. 83, H. C. R. 84 and H. C. R. 85) to the
Committee on Rules.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
H. B. 2791, Requiring the Superintendent of the State Police to implement a plan to increase
the number of troopers,
H. B. 2971, Relating to the definition of the term "durable medical equipment",
And,
H. B. 3013, Extending the Broadband Deployment Council,
And reports the same back with the recommendation that they each do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
H. B. 2993, Relating to the West Virginia Commercial Patents Incentives Tax Act,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended.
Chairman Poore, from the Joint Committee on Enrolled Bills, submitted the following report,
which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled and, on the 17
th
day of February, 2011, presented to His Excellency, the Governor, for his action, the following bill,
signed by the President of the Senate and the Speaker of the House of Delegates:
H. B. 2557, Extending the time for the Board of Education of Upshur County to meet as a
levying body.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which
was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2566,
2568,
2569,
2570,
2597,
2598,
2599,
2600,
2601,
2602,
2605,
2606,
2607,
2608,
2638,
2906,
2907,
2630,
2631,
2632,
2633,
2634,
2635,
2636,
2637,
2639,
2640,
2643,
2644,
2645,
2646,
2903 and
2911, Authorizing miscellaneous boards and agencies to promulgate legislative
rules,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2639 - "A Bill to amend and reenact article 9, chapter 64 of the Code
of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules
by the various executive or administrative agencies and the procedures relating thereto; legislative
mandate or authorization for the promulgation of certain legislative rules; authorizing certain of the
agencies to promulgate certain legislative rules in the form that the rules were filed in the State
Register; authorizing certain of the agencies to promulgate certain legislative rules with various
modifications presented to and recommended by the Legislative Rule-Making Review Committee;
authorizing certain of the agencies to promulgate certain legislative rules as amended by the
Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various
modifications presented to and recommended by the Legislative Rule-Making Review Committee
and as amended by the Legislature; authorizing the Board of Pharmacy to promulgate a legislative
rule relating to the licensure and the practice of pharmacy (15 CSR 1); authorizing the Board of
Pharmacy to promulgate a legislative rule relating to controlled substances monitoring (15 CSR 8);
authorizing the Board of Physical Therapy to promulgate a legislative rule titled general provisions
(16 CSR 1); authorizing the Board of Physical Therapy to promulgate a legislative rule relating to
fees for physical therapists and physical therapist assistants (16 CSR 4); authorizing the Board of
Physical Therapy to promulgate a legislative rule titled general provisions for athletic trainers (16
CSR 5); authorizing the Board of Physical Therapy to promulgate a legislative rule relating to fees
for athletic trainers (16 CSR 6); authorizing the Board of Sanitarians to promulgate a legislative rule
relating to an interim fee schedule (20 CSR 3); authorizing the Board of Sanitarians to promulgate a legislative rule relating to the practice of public health sanitation (20 CSR 4); authorizing the
Secretary of State to promulgate a legislative rule relating to the combines voter registration and
driver licensing fund (153 CSR 25); authorizing the Board of Barbers and Cosmetologists to
promulgate a legislative rule relating to procedures, criteria and curricula for examinations and
licensure of barbers, cosmetologists, manicurists and aestheticians (3 CSR 1); authorizing the Board
of Barbers and Cosmetologists to promulgate a legislative rule relating to qualifications, training,
examination of instructors(3 CSR 2); authorizing the Board of Barbers and Cosmetologists to
promulgate a legislative rule relating to operational standards for schools of barbering and beauty
culture (3 CSR 4); authorizing the Board of Barbers and Cosmetologists to promulgate a legislative
rule titled schedule of fees (3 CSR 6); authorizing the Commissioner of Agriculture to promulgate
a legislative rule titled the West Virginia Apiary Rule (61 CSR 2); authorizing the repeal of the
Commissioner of Agriculture's legislative rule relating to general groundwater protection for
fertilizes and manures (61 CSR 6C); authorizing the Commissioner of Agriculture to promulgate a
legislative rule relating to the inspection of meat and poultry (61 CSR 16); authorizing the Board of
Veterinary Medicine to promulgate a legislative rule relating to the organization, operation and
licensing of veterinarians (26 CSR 1); authorizing the Board of Veterinary Medicine to promulgate
a legislative rule relating to the registration of veterinary technicians (26 CSR 3); authorizing the
Board of Veterinary Medicine to promulgate a legislative rule relating to the standards of practice
(26 CSR 4); authorizing the Board of Veterinary Medicine to promulgate a legislative rule relating
to certified animal euthanasia technicians (26 CSR 5); authorizing the Board of Veterinary Medicine
to promulgate a legislative rule titled schedule of fees(26 CSR 6); authorizing the Board of
Optometry to promulgate a legislative rule titled rules of the West Virginia Board of Optometry (14
CSR 1); authorizing the Board of Optometry to promulgate a legislative rule relating to oral
pharmaceutical prescriptive authority(14 CSR 2); authorizing the Board of Optometry to promulgate
a legislative rule titled schedule of fees (14 CSR 5); authorizing the Board of Optometry to
promulgate a legislative rule relating to licensure by endorsement (14 CSR 8); authorizing the Board of Optometry to promulgate a legislative rule relating to contact lenses that contain and deliver
pharmaceutical agents (14 CSR 9); authorizing the Board of Optometry to promulgate a legislative
rule relating continuing education (14 CSR 10); authorizing the Board of Optometry to promulgate
a legislative rule relating to injectable pharmaceutical agents (14 CSR 11); authorizing the Board of
Osteopathy to promulgate a legislative rule relating to osteopathic assistants (24 CSR 2); authorizing
the Board of Osteopathy to promulgate a legislative rule relating to fees for services rendered by the
Board (24 CSR 5); authorizing the Treasurer's Office to promulgate a legislative rule relating to the
establishment of imprest funds (112 CSR 3); and authorizing the State Election Commission to
promulgate a legislative rule relating to the West Virginia Supreme Court of Appeals Public
Financing Pilot Program (146 CSR 5),"
With the recommendation that the committee substitute do pass.
Chairman Miley, from the Committee on the Judiciary, submitted the following report, which
was received:
Your Committee on the Judiciary has had under consideration:
H. B. 2378, Agreement among the states to elect the president by national popular vote,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2378 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §3-13-1, §3-13-2, §3-13-3, §3-13-4, §3-13-5 and §3-13-6
all relating to the implementation of an agreement among the states to elect the President and Vice
President by national popular vote; setting forth who may be members to the agreement; establishing
the manner of appointing presidential electors in the member states; setting forth the provisions of
the agreement that the member states must enact into state law; and setting forth the responsibilities
of certain officials,"
With the recommendation that the committee substitute do pass.
Chairman White, from the Committee on Finance, submitted the following report, which was
received:
Your Committee on Finance has had under consideration:
H. B. 2889, Creating the "Jason Flatt Act of 2011",
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 2889 - "
A Bill to amend and reenact §18A-3A-2 of the Code of West
Virginia, 1931, as amended, relating to creating the 'Jason Flatt Act of 2011'; providing routine
education by center for professional development of all professional educators and those school
service personnel having direct contact with students on warning signs and resources to assist suicide
prevention; providing for delivery options; and providing for state board guidelines and approval of
materials,"
And,
H. B. 3060, Providing a different procedure for determining the credit for utility taxpayers
with net operating loss carryovers relating to the corporation net income tax,
And reports back a committee substitute therefor, with a new title, as follows:
Com. Sub. for H. B. 3060 - "A Bill to amend and reenact §11-24-11b of the Code of West
Virginia, 1931, as amended, relating to creating a permanent method for determining the allowance
for certain utilities of tax credits for the remainder of their net operating loss carryovers that existed
as of December 31, 2006,"
With the recommendation that the committee substitutes each do pass.
Messages from the Senate
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 227 - "A Bill to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article, designated §5B-2H-1, §5B-2H-2, §5B-2H-3, §5B-2H-4, §5B-2H-5,
§5B-2H-6, §5B-2H-7, §5B-2H-8, §5B-2H-9, §5B-2H-10, §5B-2H-11 and §5B-2H-12, all relating
to the Creative Communities Development Pilot Program; providing legislative findings and intent; creating the Creative Communities Development Fund; establishing the Creative Communities
Development Board; providing requirements for applications for the use of matching funds from the
Creative Communities Development Fund; providing for review of applications by the West Virginia
Development Office; establishing that the Creative Communities Development Board shall have the
authority to approve matching grants from Creative Communities Development Fund; establishing
matching requirements from applicants; establishing eligible expenditures; defining parameters of
agreement between West Virginia Development Office and a community for use of grant funds;
providing for a review and audit of expenditures by West Virginia Development Office; and
providing for review of Creative Communities Development Pilot Program"; which was referred to
the Committee on Energy, Industry and Labor, Economic Development and Small Business then
Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 234 - "A Bill to amend and reenact §8-38-3, §8-38-4, §8-38-5, §8-38-7,
§8-38-10, §8-38-12, §8-38-15, §8-38-16, §8-38-17 and §8-38-20 of the Code of West Virginia, 1931,
as amended, all relating to revising the Municipal Economic Opportunity Development District Act
generally; enlarging the types of municipal corporations that may use sales tax increment financing
to finance certain economic development projects to any Class I, Class II and Class III city and any
Class IV town or village; including 'mining operations' in the definition of 'remediation'; including
remediation of former coal or other mining sites as a permissible development expenditure for a
project; changing the standard by which the maximum amounts of reserves that may be established
in the financing of a project are measured; recommending that the Development Office consider
whether the economic development that a project enables is large enough to require that it contain
mixed-use development consisting of a housing component with at least ten percent of housing units
in the district allocated for affordable housing when determining whether there is a pressing need for the project; defining 'affordable housing'; reducing the amount of capital investment required
for project approval; allowing the Development Office to reduce the minimum amount of local sales
tax revenues that would be deposited into the state's General Revenue Fund in certain circumstances;
providing that the maximum repayment schedule of all notes, bonds or other instruments issued to
fund projects is thirty years; and providing technical and clerical cleanup"; which was referred to the
Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 235 - "A Bill to amend and reenact §7-22-3, §7-22-4, §7-22-5, §7-22-7,
§7-22-10, §7-22-12, §7-22-15, §7-22-17 and §7-22-20 of the Code of West Virginia, 1931, as
amended, all relating to revising the County Economic Opportunity Development District Act
generally; defining the term 'remediation'; including remediation of landfills, former coal or other
mining sites, solid waste facilities or hazardous waste sites as permissible development expenditures
for approved projects; changing standard by which the maximum amounts of reserves that may be
established in the financing of a project are measured; reducing the amount of capital investment
required for project approval; providing that the Development Office cannot approve a project
involving remediation unless all development expenditures proposed within a certain time frame
result in more than $25 million in capital investment in the district; changing 'ordinance' to 'order';
correcting language by changing 'municipality' to 'county'; providing that the Development Office
may not approve a project involving remediation unless the county commission submits clear and
convincing information that the proposed remediation expenditures to be financed with bonds or
notes do not constitute more than twenty-five percent of a project's total development expenditures;
and providing technical and clerical cleanup"; which was referred to the Committee on Finance.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence of the House of Delegates in the passage, of
S. B. 304 - "A Bill to amend and reenact §17A-4-10 of the Code of West Virginia, 1931, as
amended, relating to vehicles scraped, compressed, dismantled or destroyed; providing an additional
means to notify the division; prescribing form; and providing for the use of additional brands used
by other jurisdictions that are consistent with the National Motor Vehicle Title Information System";
which was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 357 - "A Bill to amend and reenact §20-2-21 of the Code of West
Virginia, 1931, as amended, relating to reporting beaver and otter taken, tagged and checked"; which
was referred to the Committee on the Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
S. B. 358 - "A Bill to amend and reenact §20-2-4 of the Code of West Virginia, 1931, as
amended, relating to electronic registration of wildlife"; which was referred to the Committee on the
Judiciary.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage, of
Com. Sub. for S. B. 382 - "A Bill to amend and reenact §15-1F-1 of the Code of West
Virginia, 1931, as amended, relating to specifying additional activities for which members of the National Guard or armed forces reserve who are also public officials and employees are entitled to
a military leave of absence; and setting the maximum number of hours which may be accumulated
for a military leave of absence."
At the respective request of Delegate Boggs, and by unanimous consent, reference of the bill
(Com. Sub. for S. B. 382) to a committee was dispensed with.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 11 - "Authorizing the placement of a statue of the Honorable Francis Harrison
Pierpont at Independence Hall in Wheeling, West Virginia."
Whereas, Francis Harrison Pierpont was born near Morgantown and grew up in Western
Virginia in what is today Marion County and was linked with the region's history for the rest of his
life; and
Whereas, Francis Harrison Pierpont graduated from Allegheny College and taught school
in Virginia and Mississippi while also studying law. He was admitted to the bar in 1841 and became
the local attorney for the Baltimore and Ohio Railroad in 1848; and
Whereas, Prior to entering politics Francis Harrison Pierpont also helped found Fairmont
Male and Female Seminary, the forerunner to Fairmont State University; and
Whereas, Francis Harrison Pierpont was an active supporter of Abraham Lincoln and
became involved in politics as an outspoken opponent of Virginia's secession from the Union. When
Virginia seceded and entered the war, delegates from the northern and northwestern counties of
Virginia, which refused to join the Confederacy, met at the Wheeling Convention. These counties
established a separate government in Wheeling with Governor Pierpont becoming the provisional
governor; and
Whereas, Francis Harrison Pierpont headed the "restored government of Virginia" that drafted a new Virginia Constitution and sent representatives to the Union Congress. In 1862, he
attended the Loyal War Governors' Conference in Altoona, Pennsylvania, which ultimately backed
Abraham Lincoln's Emancipation Proclamation and the continued Union war effort; and
Whereas, Under Francis Harrison Pierpont's leadership, the Wheeling government called
for a popular vote on the question of the creation of a new separate state. Popular approval was
overwhelming and an application was subsequently made to Congress, which also approved the
issue. The new state took the name West Virginia and was admitted into the Union on June 20, 1863;
and
Whereas, Francis Harrison Pierpont became governor of the "restored" state of Virginia,
comprising of the several Northern Virginia, Norfolk area, and eastern shore counties under Union
control. The capitol of the restored state was established in Alexandria for the remainder of the Civil
War. At the end of the war in 1865, President Andrew Johnson appointed Governor Pierpont as the
provisional governor of the reunited state of Virginia; and
Whereas, Francis Harrison Pierpont followed a policy of forgiveness to those politicians
who had served in the Confederate military and government and became one of the key figures in
the Virginia Constitutional Convention of 1867-1868, which resulted in the "Underwood
Constitution" of 1869; and
Whereas, Francis Harrison Pierpont subsequently served one term in the West Virginia
House of Delegates in 1870 and his last public office was as collector of Internal Revenue under
President James Garfield. After his retirement Governor Pierpont helped create the West Virginia
Historical Society before dying in Pittsburgh, Pennsylvania on March 24, 1899. Today he rests at the
Woodlawn Cemetery in Fairmont beside his wife Julia and three of his four children; and
Whereas, Francis Harrison Pierpont is known as the "Father of West Virginia" and in
recognition of his significance to our state history, in 1910 the state donated a marble statue of
Pierpont as our second contribution to the United States Capitol's National Statuary Hall Collection;
therefore, be it
Resolved by the Legislature of West Virginia:
That the State Senate hereby authorizes the placement of a statue of the Honorable Francis
Harrison Pierpont at Independence Hall in Wheeling, West Virginia; and, be it
Further Resolved, That the statue is to be permanently placed at Independence Hall in
Wheeling, West Virginia in gratitude for his service to the State of West Virginia and our great
nation.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 20 - "Requesting the Division of Highways name the bridge at I-64, Exit 11, near
16th Street and Hal Greer Boulevard, located in Cabell County, the 'Jeffrey P. Ball Memorial
Bridge'."
Whereas, Jeffrey P. Ball was born February 6, 1963, in Huntington, West Virginia; and
Whereas, Jeffrey P. Ball attended school in Barboursville, West Virginia and graduated
from Barboursville High School in 1981; and
Whereas, Jeffrey P. Ball served in the United States Marine Corps Reserve from 1981 to
1985; and
Whereas, Jeffrey P. Ball attended Marshall University and graduated West Virginia Institute
of Technology November 1992, with a Bachelor's degree in Civil Engineering; and
Whereas, Jeffrey P. Ball earned the distinction of becoming a registered Professional
Engineer on July 16, 2001; and
Whereas, Jeffrey P. Ball joined the Department of Highways, District 2, as a Staff Engineer
on November 1, 1994, and held various positions including District 2 Bridge Engineer from October
2001 to April 2008, and District 2 Construction Engineer April 2008 to 2010; and
Whereas, Jeffrey P. Ball was active in the community, serving on the building committee of the new Barboursville Middle School where his children now attend school and volunteering his
time to any youth sports in which they were involved; and
Whereas, Jeffrey P. Ball was married to his beloved wife, Patricia, with whom he shared
the joy of having four children, Mary Anna, David Robert, Steven Matthew and Robert (deceased);
and
Whereas, Sadly, Jeffrey P. Ball passed away on August 10, 2010, leaving behind a loving
family and a host of friends; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the bridge at I-64, Exit
11, near 16th Street and Hal Greer Boulevard, located in Cabell County, the "Jeffrey P. Ball
Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be
placed signs identifying the bridge as the "Jeffrey P. Ball Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Secretary of the Department of Transportation and the family of Jeffrey P. Ball.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the concurrence
of the House of Delegates in the adoption of the following concurrent resolution, which was read by
its title and referred to the Committee on Rules:
S. C. R. 25 - "Requesting the Division of Highways to name West Virginia Route 35,
running through Putnam and Mason counties, the 'Fruth-Lanham Highway'."
Whereas, Jack E. Fruth, son of Henry E. and Marjorie M. Fruth, formerly Rothgeb, of
Mason County was born June 3, 1928, in Mason County, West Virginia, and died on July 19, 2005;
and
Whereas, Jack E. Fruth graduated from Greenbrier Military School in 1946, attended Duke
University and graduated from the Ohio State University School of Pharmacy in 1951, where he was a member of Kappa Psi Pharmaceutical Fraternity; and
Whereas, Jack E. Fruth received an honorary Master's Degree of Public Service from the
University of Rio Grande; and
Whereas, Jack E. Fruth and the former Frances Rhodes of South Charleston, Ohio, a
graduate of the Ohio State University School of Home Economics, were married in December, 1950,
and have five children who are Michael, Joan, Carol, Lynne and John, and eight grandchildren; and
Whereas, Jack E. Fruth served as president of the West Virginia Pharmacists Association
and received the Bowl of Hygeia Award for Community Service in 1975; and
Whereas, Jack E. Fruth was a member of the Ohio State Pharmaceutical Association; the
National Association of Retail Pharmacists; served as Pharmacy Representative to the Medical
Advisory Board of the West Virginia Department of Human Services and served as Chairman from
1979-1983; and
Whereas, Jack E. Fruth was a member of the Associated Chain Drug Stores, Inc., had served
on its Board of Directors and had served as the National Chairman of Affiliated Associated Chain
Drug Stores from 1989-1990; and
Whereas, Jack E. Fruth received the James H. Beal Award from West Virginia Pharmacists
Association in 1995 and was a member of the West Virginia State Board of Pharmacy and the Ohio
State University College of Pharmacy Corporate Council; and
Whereas, Jack E. Fruth was a member of the Point Pleasant Chapter of Rotary International,
serving as President in 1962, and was a member of the Loyal Order of Moose, Minturn Lodge No.
19 A.F. & A.M., Pat Wilson Shrine Club and Beni Kedem Temple; and
Whereas, Jack E. Fruth was on the Board of Trustees of Pleasant Valley Hospital since
1958, serving as President from 1982-83; was Vice President of the Mason County Development
Authority; was a Director for the Point Pleasant-Mason County Chamber of Commerce, serving as
President in 1968; was a member of the Board of Trustees of Trinity United Methodist Church; and
was Investment Committee Chair for United Methodist Charities; and
Whereas, Jack E. Fruth served on the Board of Directors of the Green Acres Center and was
Chairman in 1962; was Chairman of the Executive of Peoples Bank from 1965-1988 and Chairman
of the Board since 1988; had been a Director of the City Holding Company since 1986; was a
member of the West Virginia Roundtable; was a member of the University of Rio Grande Board of
Trustees, serving as President from 1997-1998; and was a member of the Regional Economic
Development Authority of Rio Grande, Ohio; and
Whereas, Jack E. Fruth was the founder and chairman of Fruth Pharmacy, a regional drug
chain comprised of twenty-two retail pharmacies in West Virginia and Ohio and served on the
Visitation Committee for the West Virginia University School of Pharmacy; and
Whereas, Charles C. Lanham, son of Stanton and Westa Lanham, formerly Jones, of
Jackson County, was born September 12, 1928, in Kanawha County, West Virginia; and
Whereas, Charles C. Lanham graduated from Ripley High School in 1946, Marshall
University in 1952, the West Virginia School of Banking in 1956, the Graduate School of Consumer
Banking of the University of Virginia in 1958, the Graduate School of Banking at the University of
Wisconsin in 1962 and the Senior Bank Officer of Harvard University in 1968; and
Whereas, Charles C. Lanham and the former Lilly Faye Staats of Mason and Jackson
counties, were married in 1950 and have four children who are Terry, Joyce, Edgar and Bert, ten
grandchildren and one great-grandson; and
Whereas, Charles C. Lanham began his distinguished banking career in 1952 at the First
National Bank of Ripley and, in 1963, became Executive Vice President, then President, of Citizens
National Bank, Point Pleasant, until Citizens National Bank became a Division of The First
Huntington National Bank and he remained as President there until 1993; and
Whereas, Between 1993 and 1997, Charles C. Lanham was President of Bank One, West
Virginia, Point Pleasant; Senior Vice President, Bank One, West Virginia; then Chairman, Bank
One, West Virginia, Point Pleasant; and
Whereas, Between 1997 and 1999, Charles C. Lanham was Executive Vice President, Ohio Valley Bank; Senior Vice President, Ohio Valley Banc Corp; and Director, Ohio Valley Banc Corp;
and
Whereas, Charles C. Lanham is currently a member of Ohio Valley Bank West Virginia
Advisory Board; Director Emeritus, Ohio Valley Banc Corp.; and Governmental Relations Officer,
Ohio Valley Bank; and
Whereas, Charles C. Lanham was named "West Virginia Banker of the Year" in 1997; has
been a member of the American Bankers' Association since 1978, serving as State Vice President
and on the Government Relations Council and Bankpac Committee; and
Whereas, Charles C. Lanham is a lifetime member of the West Virginia Bankers'
Association, having served as a former President and member of the Board of Directors and on many
Task Forces and is member of the President's Club; and
Whereas, Charles C. Lanham served as Cochairman, Route 35 Committee, Mason County;
is a member of the Marshall University Lewis College of Business Advisory Board and Marshall
University Economic Development Authority Advisory Board, among others; and
Whereas, Charles C. Lanham was the first President and a member of Pleasant Valley
Hospital Health Foundation; is a member of the West Virginia Roundtable; is a former President and
current Treasurer of the Board of Trustees of Pleasant Valley Hospital; and is a former member
Board of Directors of West Virginia Hospital Association; and
Whereas, Charles C. Lanham is a member and past President of the Point Pleasant Rotary
Club; is a past President and ex-officio member of the Board of Directors of the Mason County-Point
Pleasant Chamber of Commerce; is a former member of the Big Green Club and the Presidential
Advisory Board of Marshall University; is a past President of Mason County BiCentennial, Inc.; is
President of Mason County Development Authority; Regional Director of the West Virginia
Chamber of Commerce; President of Regional Economic Development Association; and is a
member of Regional Airport Authority and the West Virginia Public Port Authority; and
Whereas, In 2004, Charles C. Lanham was appointed to the West Virginia Senate from the fourth senatorial district; served on the Senate committees on Banking and Insurance, Economic
Development, Government Organization, the Judiciary and Labor and Pensions; then, decided not
to seek election to the West Virginia Senate in 2006; and
Whereas, It is evident that both Jack E. Fruth and Charles C. Lanham have contributed
greatly to their communities and this State of West Virginia; and
Whereas, It is fitting to honor Jack E. Fruth and Charles C. Lanham by naming West
Virginia Route 35 running through Putnam and Mason counties as the Fruth-Lanham Highway in
lasting tribute from the grateful citizens of Putnam and Mason counties and the State of West
Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name West Virginia Route
35, running through Putnam and Mason counties, the Fruth-Lanham Highway; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be
placed signs identifying the road as the "Fruth-Lanham Highway" at strategic places upon entering
both Putnam and Mason counties from both directions; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this
resolution to the Secretary of the Department of Transportation, to next of kin of Jack E. Fruth and
to Charles C. Lanham.
Petitions
Delegates Fleischauer and Guthrie presented a petition on behalf of residents of the State, in
support of H. B. 2439, Requiring insurance coverage of spouses and dependents for pregnancy and
contraceptive services; which was referred to the Committee on Banking and Insurance then the
Judiciary.
Delegates Caputo, Manchin and Longstreth presented a petition on behalf of their
constituents recognizing the urgent need for state-wide legislation to limit the impacts of Marcellus
Shale natural gas development in West Virginia; which was referred to the Committee on the Judiciary.
Bills Introduced
On motions for leave, bills were introduced, read by their titles, and severally referred as
follows:
By Delegates Butcher, Givens, Hatfield, Martin, R. Phillips, Skaff, Manchin, Evans,
Walker, Perry and Michael:
H. B. 3180 - "A Bill to amend and reenact §22C-1-6 of the Code of West Virginia, 1931,
as amended, relating to authorizing the appointment of certain individuals to carry out the business
of the Water Development Authority; authorizing the Water Development Authority to fix the
compensation of those certain employees; and requiring the Water Development Authority to employ
all other employees pursuant to the state Civil Service System"; to the Committee on Government
Organization then Finance.
By Delegates Boggs, Cann, Barill, Mahan and Guthrie
[By Request of the State Auditor's Office]:
H. B. 3181 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §12-3-5a, relating to creating 'The Prompt Pay Act of 2011';
requiring invoices to state agencies be paid within sixty days; providing exceptions to three specific
agencies whose invoices must be processed within fifteen days; requiring interest be paid on invoices
not paid within the prescribed time period; providing exceptions for contested invoices; providing
that no agency owes another agency interest on an unpaid invoice; and defining the term 'state
agency'"; to the Committee on Government Organization then Finance.
By Delegates Varner, Ashley, Cann, L. Phillips, Hall, Kominar, White, M. Poling,
Boggs and Smith:
H. B. 3182 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §33-49-1, §33-49-2, §33-49-3, §33-49-4, §33-49-5, §33-49-6, §33-
49-7 and §33-49-8, all relating to those persons or entities that enters into direct contracts with providers for the delivery of health care services; requiring registration of contracting entities with
the Insurance Commissioner; setting forth the rights and responsibilities of contracting entities;
setting forth the right and responsibilities of third parties; making it an unfair insurance practice for
unauthorized access to provider network contracts; providing that the Insurance Fraud Unit has
enforcement responsibilities; defining terms; and establishing an effective date"; to the Committee
on Finance.
By Delegate Shaver:
H. B. 3183 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §17-29-1, §17-29-2, §17-29-3, §17-29-4, §17-29-5, §17-29-6, §17-
29-7, §17-29-8, §17-29-9, §17-29-10, §17-29-11, §17-29-12, §17-29-13 and §17-29-14, all relating
to creating the Tourist-Oriented Directional Signs Program; stating the legislative purpose; setting
forth application and eligibility requirements; establishing design and content guidelines;
establishing sign location and placement criteria; establishing a fee schedule; setting forth
maintenance responsibility; permitting revocation of participation in the program; authorizing
rulemaking to be exempt from the state Administrative Procedures Act; and defining terms"; to the
Committee on Roads and Transportation then Finance.
By Delegates Morgan, C. Miller, Reynolds, Sobonya and Stephens:
H. B. 3184 - "A Bill to amend and reenact §61-3-30 of the Code of West Virginia, 1931, as
amended, relating to injury or destruction of property; increasing the penalty for a misdemeanor
offense; and lowering the threshold for a felony offense"; to the Committee on the Judiciary then
Finance.
By Delegates Lawrence and Manchin:
H. B. 3185 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §7-20-7a; and to amend said code by adding thereto a new section,
designated §24-2-1k, all relating to preservation of affordable housing in counties with county
impact fees"; to the Committee on Political Subdivisions then the Judiciary.
By Delegates Ashley, Mahan, Staggers, Williams, Butcher, Craig and Skaff:
H. B. 3186 - "A Bill to amend and reenact §17A-3-2 of the Code of West Virginia, 1931,
as amended, relating to allowing the use of low-speed vehicles in incorporated municipalities with
speed limits of thirty-five miles per hour or less"; to the Committee on Roads and Transportation
then the Judiciary.
By Delegate Howell:
H. B. 3187 - A Bill to enact and reenact §11A-3-22 of the Code of West Virginia, 1931, as
amended, relating to service of a notice to redeem to the delinquent taxpayer after a property has
been sold for delinquent taxes. to the Committee on Finance.
By Delegate Perdue:
H. B. 3188 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §16-29B-20a, relating to the confidentiality of the
Rate Setting
Model used by the Health Care Authority"; to the Committee on Government Organization then the
Judiciary.
By Delegates Cowles and J. Miller:
H. B. 3189 - "A Bill to amend and reenact §16-3-4 of the Code of West Virginia, 1931, as
amended, relating to clarifying that the Legislature is the sole authority regarding compulsory
immunizations and exemptions from same"; to the Committee on Health and Human Resources then
Government Organization.
By Delegate Guthrie:
H. B. 3190 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §61-6-26, relating to creating the offense of obstructing health care
facility access; and penalty"; to the Committee on the Judiciary.
By Delegate Perry:
H. B. 3191 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §12-4-14a, relating to creating a workers' compensation insurance subsidy program for volunteer fire departments; establishing a special program within the Auditor's
Office; granting authority to the Auditor to administer the program; designating a funding formula
for distribution of moneys allocated; defining terms; granting rule-making authority to administer
this section; and requiring report to the Legislature"; to the Committee on the Judiciary then Finance.
By Delegates Perry, Morgan, White, Ashley and Walters:
H. B. 3192 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §33-49-1, §33-49-2, §33-49-3, §33-49-4, §33-49-5, §33-49-6, §33-
49-7 and §33-49-8, all relating to those persons or entities that enters into direct contracts with
providers for the delivery of health care services; requiring registration of contracting entities with
the Insurance Commissioner; setting forth the rights and responsibilities of contracting entities;
setting forth the right and responsibilities of third parties; making it an unfair insurance practice for
unauthorized access to provider network contracts; providing that the Insurance Fraud Unit has
enforcement responsibilities; defining terms; and establishing an effective date"; to the Committee
on Banking and Insurance then the Judiciary.
By Delegate Frazier:
H. B. 3193 - "A Bill to amend and reenact §52-1-8 of the Code of West Virginia, 1931, as
amended, permitting persons who have been convicted of felonies to qualify for jury service"; to the
Committee on the Judiciary.
By Delegates L. Phillips and Hall:
H. B. 3194 - "A Bill to amend and reenact §27-4-1 and §27-4-3 of the Code of West
Virginia, 1931, as amended, all relating to increasing the age of consent that a minor may refuse
mental health treatment from twelve to eighteen; and clarifying that the state not be obligated to pay
for voluntary hospitalization"; to the Committee on Health and Human Resources then the Judiciary.
By Delegate Morgan:
H. B. 3195 - "A Bill to amend and reenact §18A-3-2a of the Code of West Virginia, 1931,
as amended, relating to providing eligibility for a license to teach in the public schools for candidates who are not United States citizens"; to the Committee on Education then the Judiciary.
By Delegates D. Campbell, Williams and Shaver:
H. B. 3196 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §30-7D-1, §30-7D-2 and §30-7D-3, §30-7D-4, §30-7D-5, §30-7D-
6, §30-7D-7, §30-7D-8, §30-7D-9, §30-7D-10, §30-7D-11, §30-7D-12, §30-7D-13 and §30-7D-14,
all relating to medication assistive persons in the nursing home setting including a pilot program,
requirements and criminal penalty"; to the Committee on Health and Human Resources then
Finance.
By Delegate Doyle:
H. B. 3197 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §19-23-12d, relating to licensing of out-of-state simulcasting
facilities; providing for the assessment of source market fees; providing for the distribution of
seventy-five percent of those fees to the live flat track permittees in this state on a number of live
days basis, to be used to enhance purses at those tracks; providing for the distribution of ten percent
of those fees to in-state West Virginia simulcast permittees, weighted by the annual simulcast handle
other than the advanced deposit wagering handle; providing for the distribution of ten percent of
those fees to the Thoroughbred Development Fund; and providing for the distribution of five percent
of those fees to the Racing Commission for administrative expenses"; to the Committee on the
Judiciary then Finance.
By Delegates Hamilton, Williams, Rowan, Moye, Duke and Boggs:
H. B. 3198 - "A Bill to amend and reenact §61-2-29 of the Code of West Virginia, 1931, as
amended, relating to abuse or neglect of an incapacitated adult; providing for forfeiture of inheritance
upon taking the life or committing felony abuse of decedent; and establishing the Elder and
Vulnerable Adult Victims Trust Fund"; to the Committee on the Judiciary then Finance.
By Delegate Lawrence:
H. B. 3199 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2E-11, relating to creating a pathway to proficiency for third
graders though eleventh graders; setting forth legislative findings; granting the State Board of
Education with rule-making authority; establishing minimum requirements for the rules; requiring
the state board to develop a Second Chance Option Test for those students who do not achieve
certain levels of proficiency in two content areas of the state summative assessment test; providing
exceptions; requiring county boards of education to implement critical skills building plans for those
students who do not increase their proficiencies by at least one level after taking the Second Option
Test; requiring county boards to be provide suitable facilities for the plans and programs; preserving
teacher's judgment on student retention decisions; and preserving individualized education plans";
to the Committee on Education then Finance.
By Delegates Evans, Hamilton, Howell, Romine, Azinger, Crosier, Rowan, Michael and
Snuffer:
H. B. 3200 - "A Bill to amend and reenact §30-27-10 of the Code of West Virginia, 1931,
as amended, relating to licensing of barbers and cosmetologists; changing the requirements for
acquiring a renewal of a barber's license; and changing the requirements for continuing education
for barbers"; to the Committee on Government Organization.
By Delegates Doyle, Perdue, Talbott, Moore, Williams, Mahan, Hamilton, Marshall,
Barker, Martin and Lawrence:
H. B. 3201 - "A Bill to amend and reenact §24-1-3 of the Code of West Virginia, 1931, as
amended, relating to increasing the number of commissioners on the Public Service Commission
from the current three members to five"; to the Committee on Government Organization then
Finance.
By Delegates Miley, Caputo, Skaff, Fleischauer, Manchin, Lawrence, Poore, Lane,
Sobonya and Pasdon:
H. B. 3202 - "A Bill to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new article, designated §37-6A-1, §37-6A-2, §37-6A-3, §37-6A-4, §37-6A-5 and §37-6A-6, all relating to residential rental security deposits; relevant definitions; security deposits;
maintenance of records; prohibited provisions in rental agreements; remedies upon landlord's
noncompliance; application of article; security deposits prior to effective date of article"; to the
Committee on the Judiciary.
Special Calendar
Unfinished Business
The following resolutions, coming up in regular order, as unfinished business, were each
reported by the Clerk and adopted:
S. C. R. 18, Requesting DOH name bridge on Corridor H in Moorefield, Hardy County,
"Richard Lee 'Dickie' Moyers Veterans Memorial Bridge",
H. C. R. 37, The "Cpl. Druey L. Hatfield Memorial Bridge",
H. C. R. 63, The "Alan B. Mollohan Gateway",
And,
H. C. R. 70, Naming the bridge on US Route 220 in the city of Keyser the "Memorial
Bridge".
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein on those requiring the same.
Delegates Armstead, Carmichael, Lane, C. Miller, Nelson, Savilla and Sumner requested to
be shown as having voted "Nay" on
H. C. R. 63, The "Alan B. Mollohan Gateway".
Third Reading
S. B. 205, Updating certain terms in Corporation Net Income Tax Act; on third reading,
coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 103),
and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being
as follows:
Absent and Not Voting: Barill, T. Campbell, Kump, O'Neal and Stephens.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 205) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 104), and there were--yeas 94, nays
1, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Howell.
Absent and Not Voting: Barill, T. Campbell, Kump, O'Neal and Stephens.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 205) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
S. B. 215, Updating certain terms in Personal Income Tax Act; on third reading, coming up
in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 105),
and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being
as follows:
Absent and Not Voting: Barill, T. Campbell, Kump, O'Neal and Stephens.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (S. B. 215) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 106), and there were--yeas 94, nays
none, absent and not voting 6, with the absent and not voting being as follows:
Absent and Not Voting: Barill, D. Campbell, T. Campbell, Kump, O'Neal and Stephens.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 215) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.
S. B. 254, Making supplementary appropriation of federal funds to Development Office and
Division of Human Services; on third reading, coming up in regular order, was read a third time.
On the passage of the bill, the yeas and nays were taken
(Roll No. 107), and there were--yeas
73, nays 22, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Anderson, Andes, Ashley, Border, Canterbury, Cowles, Duke, Ellem, Ellington,
Gearheart, Hall, Householder, Howell, Ireland, Mahan, J. Miller, Overington, L. Phillips, Savilla,
Sigler, Snuffer and Talbott.
Absent and Not Voting: Barill, T. Campbell, Kump, O'Neal and Stephens.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 254) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 108), and there were--yeas 80, nays
14, absent and not voting 6, with the nays and absent and not voting being as follows:
Nays: Andes, Border, Cowles, Duke, Ellington, Gearheart, Householder, Howell, Ireland,
J. Miller, Overington, Savilla, Sigler and Snuffer.
Absent and Not Voting: Barill, T. Campbell, Kump, O'Neal, Pasdon and Stephens.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (S. B. 254) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
Com. Sub. for H. B. 2586, Authorizing the Department of Transportation to promulgate
legislative rules; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 109),
and there were--yeas 82, nays 12, absent and not voting 6, with the nays and absent and not voting
being as follows:
Nays: Andes, Ashley, Gearheart, Householder, Lane, J. Miller, Overington, Romine, Savilla,
Snuffer, Sobonya and Walters.
Absent and Not Voting: Barill, T. Campbell, Kump, O'Neal, Stephens and Swartzmiller.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2586) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 110), and there were--yeas 86, nays
9, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Andes, Gearheart, Householder, Howell, J. Miller, Overington, Savilla, Snuffer and
Walters.
Absent and Not Voting: Barill, T. Campbell, Kump, O'Neal and Stephens.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2586) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 2613, Authorizing the Department of Military Affairs and Public Safety
to promulgate legislative rules; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 111),
and there were--yeas 78, nays 17, absent and not voting 5, with the nays and absent and not voting
being as follows:
Nays: Andes, Armstead, Carmichael, Duke, Householder, Howell, Ireland, Lane, J. Miller,
Overington, Romine, Savilla, Snuffer, Sobonya, Storch, Sumner and Walters.
Absent and Not Voting: Barill, T. Campbell, Kump, O'Neal and Stephens.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2613) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 112), and there were--yeas 80, nays
15, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Carmichael, Duke, Gearheart, Householder, Howell, Ireland, J.
Miller, Overington, Savilla, Snuffer, Sobonya, Sumner and Walters.
Absent and Not Voting: Barill, T. Campbell, Kump, O'Neal and Stephens.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2613) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 2626, Authorizing the Department of Commerce to promulgate
legislative rules; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 113),
and there were--yeas 78, nays 17, absent and not voting 5, with the nays and absent and not voting
being as follows:
Nays: Andes, Armstead, Cowles, Duke, Gearheart, Householder, Ireland, Lane, C. Miller,
J. Miller, Overington, Romine, Savilla, Sigler, Sobonya, Sumner and Walters.
Absent and Not Voting: Barill, T. Campbell, Kump, O'Neal and Stephens.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2626) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 114), and there were--yeas 79, nays
16, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Andes, Armstead, Cowles, Duke, Gearheart, Householder, Howell, Ireland, C. Miller,
J. Miller, Overington, Savilla, Sigler, Sobonya, Sumner and Walters.
Absent and Not Voting: Barill, T. Campbell, Kump, O'Neal and Stephens.
So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2626) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Com. Sub. for H. B. 2885, Allowing a guardian or conservator to be employed or in an
employment contract with a behavioral health provider; on third reading, coming up in regular order,
was read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 115),
and there were--yeas 93, nays 2, absent and not voting 5, with the nays and absent and not voting
being as follows:
Nays: Gearheart and Sigler.
Absent and Not Voting: Barill, T. Campbell, Kump, O'Neal and Stephens.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (Com. Sub. for H. B. 2885) passed.
Delegate Boggs moved that the bill take effect from its passage.
On this question, the yeas and nays were taken
(Roll No. 116), and there were--yeas 93, nays
2, absent and not voting 5, with the nays and absent and not voting being as follows:
Nays: Gearheart and Sigler.
Absent and Not Voting: Barill, T. Campbell, Kump, O'Neal and Stephens.
So, two thirds of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (Com. Sub. for H. B. 2885) takes effect from its passage.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
H. B. 2918, Relating to permanent business registrations; on third reading, coming up in
regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken
(Roll No. 117),
and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:
Absent and Not Voting: Barill, T. Campbell, Kump, O'Neal and Stephens.
So, a majority of the members present and voting having voted in the affirmative, the Speaker
declared the bill (H. B. 2918) passed.
Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.
Second Reading
The following bills on second reading, coming up in regular order, were each read a second
time and ordered to engrossment and third reading:
Com. Sub. for H. B. 2542, Clarifying requirements and procedures for access to cemeteries
and grave sites located on private land,
H. B. 2765, Relating to the retirement plans administered by the West Virginia Consolidated
Public Retirement Board,
Com. Sub. for H. B. 2766, Relating to contribution rate for the Deputy Sheriff Retirement
System,
Com. Sub. for H. B. 2921, Redefining final average salary,
And,
Com. Sub. for H. B. 2939, Clarifying the definition of compensation for purposes of
calculating required contributions to the public employees retirement system.
Leaves of Absence
At the request of Delegate Boggs, and by unanimous consent, leaves of absence for the day
were granted Delegates Barill, T. Campbell, Kump, O'Neal and Stephens.
At 12:03 p.m., the House of Delegates adjourned until 11:00 a.m., Monday, February 21,
2011.